ILLINOIS POLLUTION CONTROL BOARD
July 10, 1997
FEDERAL STREET CONSTRUCTION
COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
)
)
)
)
)
)
PCB 98-11
(UST - Appeal
Ninety-Day Extension)
ORDER OF THE BOARD (by C.A. Manning):
On July 8, 1997, Federal Street Construction Company (petitioner) filed a request for
extension of the 35-day appeal period pursuant to Section 40(a)(1) of the Environmental
Protection Act (Act) (415 ILCS 5/40(a)(1)(1996)), relating to a June 3, 1997, Illinois
Environmental Protection Agency (Agency) determination. On July 9, 1997, the Agency filed
its concurrence and a joint request for extension of the 35-day appeal period. The Agency
requested the extension "to September 1, 1997, or any other date not more than a total of 90
days from the date of the Agency's final determination."
Section 40(a)(1) of the Act, which governs the appeal process, provides:
the 35-day period for petitioning for a hearing may be extended
for a period of time not to exceed 90 days by written notice
provided to the Board from the applicant and the Agency within
the initial appeal period. 415 ILCS 5/40(a)(1)(1996).
As the Board maintains its files by docket number only, the Board will reserve docket
PCB 98-11 for any appeal which may be filed by petitioner. Petitioner is directed to use this
docket number in any future filing concerning this appeal. In the event that petitioner fails to
file an appeal on or before September 1, 1997 (the 90th day after June 3, 1997), the Board
will dismiss the docket. A $75 filing fee will be required if petitioner files such petition.
IT IS SO ORDERED.
2
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 10th day of July 1997, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
